Loading...
HomeMy WebLinkAboutOrdinance 4822 Doc ID : 009702130009 Tvoe : REL Recorded : 02/28/2008 at 09 : 54 : 05 AM Fee Amt : $32 . 00 Pace 1 of 9 Washington Countv . AR Bette Stamps Circuit Clerk ORDINANCE NO. 4822 Ft1e200640008164 AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 05- 1833 FOR APPROXIMATELY 25 .29 ACRES LOCATED NORTH OF JOYCE BOULEVARD AND SOUTH OF BELLEFONTE GARDENS FROM R-O, RESIDENTIAL OFFICE AND C-2, THOROUGHFARE COMMERCIAL TO C-3, CENTRAL COMMERCIAL. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1 : That the zone classification of the following described property is hereby changed as follows: From R-O, Residential Office, and C-2, Thoroughfare Commercial to C-3 , Central Commercial, as shown on Exhibit "A" Attached hereto and made a part hereof. Section 2: That the official zoning map of the City of Fayetteville, Arkansas is hereby amended to reflect the zoning change provided in Section 1 above. PASSED and APPROVED this 17th day of January, 2006. APPROVED: By: DAN COODY, Mayor ATTEST: By: =� SONDRA SMITH, City Clerk O FAYETTEVILLE ; '����i/ Gi0N EXHIBIT "A" RZN 05-1833 SURVEY DESCRIPTION OF TRACT A LOCATED IN A PART OF THE NW 1/4 OF THE NW 1 /4 OF SECTION 25, TOWNSHIP 17 NORTH, RANGE 30 WEST IN FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, MORE PRECISELY DESCRIBED AS FOLLOWS : STARTING AT THE NW CORNER OF THE NW 1 /4 OF THE NW 1 /4 OF SECTION 25 FOR THE TRUE POINT OF BEGINNING; THENCE ALONG THE NORTH LINE OF THE NW 1 /4 OF THE NW 1 /4, SOUTH 86 DEGREES 46 MINUTES 16 SECONDS EAST, 625 .44 FEET; THENCE ALONG THE WESTERLY RIGHT-OF-WAY OF VANTAGE DRIVE THE FOLLOWING COURSES : SOUTH 02 DEGREES 39 MINUTES 17 SECONDS WEST, 254.70 FEET; THENCE SOUTH 02 DEGREES 48 MINUTES 06 SECONDS WEST, 401 .08 FEET; THENCE LEAVING SAID RIGHT- OF-WAY, NORTH 87 DEGREES 04 MINUTES 02 SECONDS WEST, 623 .85 FEET; THENCE ALONG THE WEST LINE OF THE NW 1 /4 OF THE NW 1/4, NORTH 02 DEGREES 36 MINUTES 28 SECONDS EAST, 659.02 FEET TO THE TRUE POINT OF BEGINNING CONTAINING 9.430 ACRES MORE OR LESS AND BEING SUBJECT TO THE RIGHTS-OF-WAY OF VANTAGE DRIVE, STEARNS STREET AND FORD DRIVE AND ANY EASEMENTS OF RECORD. SURVEY DESCRIPTION OF TRACT B LOCATED IN A PART OF THE NW 1 /4 OF THE NW 1 /4 AND IN A PART OF THE NE 1 /4 OF THE NW 1 /4 OF SECTION 25, TOWNSHIP 17 NORTH, RANGE 30 WEST IN FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, MORE PRECISELY DESCRIBED AS FOLLOWS : STARTING AT THE NW CORNER OF THE NW 1/4 OF THE NW 1 /4 OF SECTION 25 ; THENCE SOUTH 86 DEGREES 46 MINUTES 16 SECONDS EAST, 695 .44 FEET; TO THE TRUE POINT OF BEGINNING; THENCE ALONG THE NORTH LINE OF SECTION 25 THE FOLLOWING COURSES : SOUTH 86 DEGREES 44 MINUTES 04 SECONDS EAST, 619.52 FEET; THENCE SOUTH 87 DEGREES 28 MINUTES 13 SECONDS EAST, 100.82 FEET; THENCE LEAVING SAID NORTH LINE, SOUTH 02 DEGREES 16 MINUTES 46 SECONDS WEST, 652.58 FEET; THENCE NORTH 87 DEGREES 04 MINUTES 03 SECONDS WEST, 265.06 FEET; THENCE NORTH 87 DEGREES 03 MINUTES 51 SECONDS WEST, 460.57 FEET; THENCE ALONG THE EASTERLY RIGHT-OF-WAY OF VANTAGE DRIVE THE FOLLOWING COURSES : NORTH 02 DEGREES 48 MINUTES 16 SECONDS EAST, 401 .31 FEET; THENCE NORTH 02 DEGREES 39 MINUTES 11 SECONDS EAST, 254.09 FEET TO THE TRUE POINT OF BEGINNING CONTAINING 10.842 ACRES MORE OR LESS AND BEING SUBJECT TO THE RIGHT-OF-WAY OF VANTAGE DRIVE AND ANY EASEMENTS OF RECORD. SURVEY DESCRIPTION OF TRACT C LOCATED IN A PART OF THE NW 1/4 OF THE NW 1 /4 OF SECTION 25, TOWNSHIP 17 NORTH, RANGE 30 WEST IN FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, MORE PRECISELY DESCRIBED AS FOLLOWS: STARTING AT THE NW CORNER OF THE NW 1 /4 OF THE NW 1 /4 OF SECTION 25 ; THENCE SOUTH 02 DEGREES 36 MINUTES 28 SECONDS WEST, 659.02 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 87 DEGREES 04 MINUTES 02 SECONDS EAST, 623 .85 FEET; THENCE ALONG THE WESTERLY RIGHT-OF-WAY OF VANTAGE DRIVE, SOUTH 02 DEGREES 45 MINUTES 28 SECONDS WEST, 197.95 FEET; THENCE NORTH 87 DEGREES 23 MINUTES 18 SECONDS WEST, 338.70 FEET; THENCE SOUTH 02 DEGREES 37 MINUTES 24 SECONDS WEST, 319.91 FEET; THENCE ALONG A NON-TANGENT CURVE TO THE RIGHT, WITH A RADIUS OF 1290.45 FEET, AN ARC LENGTH OF 4.09 FEET, AND A CHORD OF NORTH 65 DEGREES 14 MINUTES 31 SECONDS WEST, 4.09 FEET; THENCE ALONG A CURVE TO THE RIGHT WITH A RADIUS OF 1403 .27 FEET, AN ARC LENGTH OF 321 . 11 FEET, AND A CHORD OF NORTH 58 DEGREES 35 MINUTES 46 SECONDS WEST, 320.41 FEET; THENCE ALONG THE WEST LINE OF THE NW 1/4 OF THE NW 1/4, NORTH 02 DEGREES 36 MINUTES 52 SECONDS EAST, 365 .50 FEET TO THE TRUE POINT OF BEGINNING CONTAINING 4.487 ACRES MORE OR LESS AND BEING SUBJECT TO THE RIGHTS-OF-WAY OF VANTAGE DRIVE AND JOYCE BOULEVARD AND ANY EASEMENTS OF RECORD. LESS AND EXCEPT THE FOLLOWING: A PORTION OF TRACT "C" AS DESCRIBED ABOVE AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS : COMMENCING AT THE NW CORNER OF THE NW 1 /4 OF THE NW 1 /4 OF SECTION 25; THENCE SOUTH 02 DEGREES 36 MINUTES 28 SECONDS WEST, 659.02 FEET, THENCE SOUTH 02 DEGREES 36 MINUTES 52 SECONDS WEST, 201 .44 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 87 DEGREES 23 MINUTES 18 SECONDS EAST, 284.35 FEET; THENCE SOUTH 02 DEGREES 37 MINUTES 24 SECONDS WEST, 319.91 FEET; THENCE ALONG A NON-TANGENT CURVE TO THE RIGHT, WITH A RADIUS OF 1290.45 FEET, AN ARC LENGTH OF 4.09 FEET, AND A CHORD OF NORTH 65 DEGREES 14 MINUTES 31 SECONDS WEST, 4.09 FEET; THENCE ALONG A CURVE TO THE RIGHT WITH A RADIUS OF 1403.27 FEET, AN ARC LENGTH OF 321 . 11 FEET, AND A CHORD OF NORTH 58 DEGREES 35 MINUTES 46 SECONDS WEST, 320.41 FEET; THENCE ALONG THE WEST LINE OF THE NW 1 /4 OF THE NW 1 /4, NORTH 02 DEGREES 36 MINUTES 52 SECONDS EAST, 164.05 FEET TO THE POINT OF BEGINNING CONTAINING 1 .63 ACRES. SURVEY DESCRIPTION OF TRACT D LOCATED IN A PART OF THE NW 1 /4 OF THE NW 1/4 AND IN A PART OF THE NE 1 /4 OF THE NW 1/4 OF SECTION 25, TOWNSHIP 17 NORTH, RANGE 30 WEST IN FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, MORE PRECISELY DESCRIBED AS FOLLOWS : STARTING AT THE NW CORNER OF THE NW 1 /4 OF THE NW 1 /4 OF SECTION 25; THENCE SOUTH 02 DEGREES 36 MINUTES 28 SECONDS WEST, 659.02 FEET; THENCE SOUTH 87 DEGREES 04 MINUTES 08 SECONDS EAST, 693 .83 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 87 DEGREES 03 MINUTES 51 SECONDS EAST, 460.57 FEET; THENCE SOUTH 51 DEGREES 17 MINUTES 37 SECONDS WEST, 615 .05 FEET; THENCE ALONG THE EASTERLY RIGHT-OF-WAY OF VANTAGE DRIVE, NORTH 02 DEGREES 48 MINUTES 16 SECONDS EAST, 408.69 FEET TO THE TRUE POINT OF BEGINNING CONTAINING 2. 161 ACRES MORE OR LESS AND BEING SUBJECT TO THE RIGHT-OF-WAY OF VANTAGE DRIVE AND ANY EASEMENTS OF RECORD. Bill of Assumnx Page 1 BILL OF ASSURANCE FOR THE CITY OF FAYEITEVILLE, ARKANSAS In order to attempt to obtain approval of a request for a zoning reclassification, CB VENTURES, LLC (hereinafter - "Petitioner"), hereby voluntarily offer this Bill of Assurance and enter into this binding agreement and contract with the City of Fayetteville, Arkansas. Petitioner expressly grants to the City of Fayetteville the right to enforce any and all of the terms of this Bill of Assurance in the Chancery/Circuit Court of Washington County and agrees that if Petitioner or Petitioner's heirs, assigns, or successors violate any term of this Bill of Assurance, substantial irreparable damage justifying injunctive relief has been done to the citizens and City of Fayetteville, Arkansas: Petitioner acknowledges that the Fayetteville Planning Commission and the Fayetteville City Council will reasonably rely upon all of the terms and conditions within this Bill of Assurance in considering whether to approve Petitioner's rezoning request. Petitioner hereby voluntarily offers assurances that Petitioner and Petitioner's property shall be restricted as follows IF Petitioners' rezoning is approved by the Fayetteville City Council and Petitioner's property is rezoned to C-3 classification: 1 . The use of Petitioners' property described in Exhibit "A" attached hereto (the "Land") shall be limited to the following uses: retail, restaurant, office, and residential. 2. The Land C-3 zoning classification shall be subject to the following modifications and restrictions: a. Density: There shall be allowed no more than 18 units per acre. b. Height Restrictions: Any non-residential building on the Land shall not exceed twelve stories, and any residential building on the Land shall not exceed sixteen stories. No structures on the property shall exceed sixteen stories in height. c. Greenspace: Twenty percent (20%) of the Land must be maintained as greenspace, as the term "greenspace" is defined in the City Code of the City of Fayetteville, Arkansas. d. Driveways and Parking. Petitioner shall encourage all properties adjacent to the Land to allow cross-access and shared access to public streets. All uses, current and future, on the Bill ofgssurpate P Page 2 Land shall have adequate parking as per the then-current City Code of the City of Fayetteville, Arkansas. Any otherwise relevant waiver of parking requirements due to the land being zoned C-3 shall not apply Land. to future uses that may begin on the 3. Petitioners specifically agree that all such restrictions and terms shall released by Resolution of the Fayetteville City Council. This Bill of run with the Land and bind all future owners unless and until specifically Assurance shall be filed for record in the Washington County Circuit Clerk's Office after Petitioners' rezoning is effective and shall be noted on any Final Plat or Large Scale Development which Petitioners' property. includes some or all of IN WITNESS WHEREOF and in agreement with all the terms and conditions stated above, we, CB VENTURES, LLC, as the owners, developers or buyers (Petitioners) voluntarily offe below. r all such assurances and sign our names CB VENTURES, LLC I -47 - oS Date row b0Kf a�raea Printed Name 1921 otd MtyseH,ai �2d • Address 5 ' Ople kR '7Z�641 By: Signature Date Printed Name Address By: Signature Bill of Assume r Page 3 NOTARY OATH STATE OF ARKANSAS ) COUNTY OF WASHINGTON I And now on this the 7 rq da of 4CCeMWe*� 20657 Y 2994; appeared before me, —.,.�-�harl � and as the members of CB VENTURES, LLC, after being placed upon his/her oath, swore or affirmed that he agreed with the terms of the above Bill of Assurance and signed FUN n above. MCommission xplres: NOTARY PUBLIC -�/ IS7� l� "NOTARY BEAU" Brandon Rains, Notary Public Washington County, State of Arkansas My Commission Expwm Jury 15, 2014. J • Bill afAssumnce / Page 4 EX IIBI "A„ SURVEY DESCRIPTION OF TRACT A LOCATED IN A PART OF THE NW 1/40F THE NW 1/40F SECTION 25, TOWNSHIP 17 NORTH, RANGE 30 WEST IN FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, MORE PRECISELY DESCRIBED AS FOLLOWS: STARTING AT THE NW CORNER OF THE NW V4 OF THE NW 1/40F SECTION 25 FOR THE TRUE POINT OF BEGINNING; THENCE ALONG THE NORTH LINE OF THE NW 1/40F THE NW 1/4, SOUTH 86 DEGREES 46 MINUTES 16 SECONDS EAST, 625.44 FEET; THENCE ALONG THE WESTERLY RIGHT-OF-WAY OF VANTAGE DRIVE THE FOLLOWING COURSES: SOUTH 02 DEGREES 39 MINUTES 17 SECONDS WEST, 254.70 FEET; THENCE SOUTH 02 DEGREES 48 MINUTES 06 SECONDS WEST, 401.08 FEET; THENCE LEAVING SAID RIGHT-OF-WAY, NORTH 87 DEGREES 04 MINUTES 02 SECONDS WEST, 623.85 FEET; THENCE ALONG THE WEST LINE OF THE NW 1/40F THE NW 1/4, NORTH 02 DEGREES 36 MINUTES 28 SECONDS EAST, 659.02 FEET TO THE TRUE POINT OF BEGINNING CONTAINING 9.430 ACRES MORE OR LESS AND BEING SUBJECT TO THE RIGHTS-OF-WAY OF VANTAGE DRIVE, STEARNS STREET AND FORD DRIVE AND ANY EASEMENTS OF RECORD. SURVEY DESCRIPTION OF TRACT B LOCATED IN A PART OF THE NW Y4 OF THE NW 1/4 AND IN A PART OF THE NE V4 OF THE NW 1/40F SECTION 25, TOWNSHIP 17 NORTH, RANGE 30 WEST IN FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, MORE PRECISELY DESCRIBED AS FOLLOWS: STARTING AT THE NW CORNER OF THE NW 1/40F THE NW /40F SECTION 25; THENCE SOUTH 86 DEGREES 46 MINUTES 16 SECONDS EAST, 695.44 FEET; TO THE TRUE POINT OF BEGINNING; THENCE ALONG THE NORTH LINE OF SECTION 25 THE FOLLOWING COURSES: SOUTH 86 DEGREES 44 MINUTES 04 SECONDS EAST, 619.52 FEET; THENCE SOUTH 87 DEGREES 28 MINUTES 13 SECONDS EAST, 100.82 FEET; THENCE LEAVING SAID NORTH LINE, SOUTH 02 DEGREES 16 MINUTES 46 SECONDS WEST, 652.58 FEET; THENCE NORTH 87 DEGREES 04 MINUTES 03 SECONDS WEST, 265.06 FEET; THENCE NORTH 87 DEGREES 03 MINUTES 51 SECONDS WEST, 460.57 FEET, THENCE ALONG THE EASTERLY RIGHT-OF-WAY OF VANTAGE DRIVE THE FOLLOWING COURSES: NORTH 02 DEGREES 48 MINUTES 16 SECONDS EAST, 401.31 FEET; THENCE NORTH 02 DEGREES 39 MINUTES 11 SECONDS EAST, 254.09 FEET TO THE TRUE POINT OF BEGINNING CONTAINING 10.842 ACRES MORE OR LESS AND BEING SUBJECT TO THE RIGHT-OF-WAY OF VANTAGE DRIVE AND ANY EASEMENTS OF RECORD. SURVEY DESCRIPTION OF TRACT C LOCATED IN A PART OF THE NW 1/4 OF THE N W 1/4 OF SECTION 25, TOWNSHIP 17 NORTH, RANGE 30 WEST IN FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, MORE PRECISELY DESCRIBED AS FOLLOWS: STARTING AT THE NW CORNER OF THE NW 1/40F THE NW 1/40F SECTION 25; THENCE SOUTH 02 DEGREES 36 MINUTES 28 SECONDS WEST, 659.02 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 87 DEGREES 04 MINUTES 02 SECONDS EAST, 623.85 FEET; THENCE ALONG THE WESTERLY RIGHT-O& WAY OF VANTAGE DRIVE, SOUTH 02 DEGREES 45 MINUTES 28 SECONDS WEST, 197.95 FEET; THENCE NORTH 87 DEGREES 23 MINUTES 18 SECONDS WEST, 338.70 FEET; THENCE SOUTH 02 DEGREES 37 MINUTES 24 SECONDS WEST, 319.91 FEET; THENCE ALONG A NON-TANGENT CURVE TO THE RIGHT, WITH A RADIUS OF 1290.45 FEET, AN ARC LENGTH OF 4.09 FEET, AND A CHORD OF NORTH 65 DEGREES 14 MINUTES 31 SECONDS WEST, 4.09 FEET; THENCE ALONG A CURVE TO THE RIGHT WITH A RADIUS OF 1403.27 9 Bio afAssumnm Page 5 FEET, AN ARC LENGTH OF 321.11 FEET, AND A CHORD OF NORTH 58 DEGREES 35 MINUTES 46 SECONDS WEST, 320.41 FEET; THENCE ALONG THE WEST LINE OF THE NW ''A OF THE NW '/y NORTH 02 DEGREES 36 MINUTES 52 SECONDS EAST, 365.50 FEET TO THE TRUE POINT OF BEGINNING CONTAINING 4.487 ACRES MORE OR LESS AND BEING SUBJECT TO THE RIGHTS-OF-WAY OF VANTAGE DRIVE AND JOYCE BOULEVARD AND ANY EASEMENTS OF RECORD. LESS AND EXCEPT THE FOLLOWING: A PORTION OF TRACT "C" AS DESCRIBED ABOVE AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NW CORNER OF THE NW 1/4 OF THE NW 1/4 OF SECTION 25; THENCE SOUTH 02 DEGREES 36 MINUTES 28 SECONDS WEST, 659.02 FEET, THENCE SOUTH 02 DEGREES 36 MINUTES 52 SECONDS WEST, 201.44 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 87 DEGREES 23 MINUTES 18 SECONDS EAST, 284.35 FEET; THENCE SOUTH 02 DEGREES 37 MINUTES 24 SECONDS WEST, 319.91 FEET; THENCE ALONG A NON-TANGENT CURVE TO THE RIGHT, WITH A RADIUS OF 1290.45 FEET, AN ARC LENGTH OF 4.09 FEET, AND A CHORD OF NORTH 65 DEGREES 14 MINUTES 31 SECONDS WEST, 4.09 FEET; THENCE ALONG A CURVE TO THE RIGHT WITH A RADIUS OF 1403.27 FEET, AN ARC LENGTH OF 321.11 FEET, AND A CHORD OF NORTH 58 DEGREES 35 MINUTES 46 SECONDS WEST, 320.41 FEET; THENCE ALONG THE WEST LINE OF THE NW 1/40F THE NW 1/4, NORTH 02 DEGREES 36 MINUTES 52 SECONDS EAST, 164.05 FEET TO THE POINT OF BEGINNING CONTAINING 1 .63 ACRES. SURVEY DESCRIPTION OF TRACT D LOCATED IN A PART OF THE NW V4 OF THE NW 1/4 AND IN A PART OF THE NE 1/40F THE NW 1/4 OF SECTION 25, TOWNSHIP 17 NORTH, RANGE 30 WEST IN FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, MORE PRECISELY DESCRIBED AS FOLLOWS: STARTING AT THE NW CORNER OF THE NW 14017 THE NW V4 OF SECTION 25; THENCE SOUTH 02 DEGREES 36 MINUTES 28 SECONDS WEST, 659.02 FEET; THENCE SOUTH 87 DEGREES 04 MINUTES 08 SECONDS EAST, 693.83 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 87 DEGREES 03 MINUTES 51 SECONDS EAST, 460.57 FEET; THENCE SOUTH 51 DEGREES 17 MINUTES 37 SECONDS WEST, 615.05 FEET; THENCE ALONG THE EASTERLY RIGHT-OF-WAY OF VANTAGE DRIVE, NORTH 02 DEGREES 48 MINUTES 16 SECONDS EAST, 408.69 FEET TO THE TRUE BEGINNING B POINT OF CONTAINING 2.161 ACRES MORE OR LESS AND BEING SUBJECTB THE RIGHT-OF-WAY VANTAGE DRIVE AND ANY EASEMENTS OF RECORD. r Washington County, AR I certify this instrument was filed on 02/28/2006 09:54:05 AM and recorded in Real Estate File Number 200640008164 Bette Stamps - Circuit le by a2v City of Fayetteville Staff Review Form � �ZZ City Council Agenda Items or Contracts 3-Jan-06 City Council Meeting Date Jeremy Pate Planning Operations Submitted By Division Department Action Required: R7_N 05- 1833 (Bellafont, 174): Submitted by H2 Engineering, Inc. for property located north of Joyce Boulevard and south of Bellafont Gardens. The property is zoned R-O, Residential Office, and C-2, Thoroughfare Commercial, and contains approximately 25.29 acres. "rhe request is to rezone the subject property to C-3, Central Commercial. $0.00 n/a n/a Cost of this request Category/Project Budget Program Category / Project Name n/a n/a n/a Account Number Funds Used to Date Program / Project CategoryName n/a n/a n/a Fs Project Number Remaining Balance Fund Name Budgeted Item Budget Adjustment Attached S Previous Ordinance or Resolution # n/a Depa ment birector Date Original Contract Date: n/a Q- lz - Original Contract Number: n/a City Attorn Received in City Clerk's Office Finance and Internal Service Director Date LkReceived in Mayor's Office Mayor Comments: City Council Meeting of January 03, 2006 Agenda Item Number CITY COUNCIL AGENDA MEMO 'I'o: Mayor and City Council Thru : Gary Dumas, Director of Operations From : Jeremy C. Pate, Director of Current Planning$ Date: December 15, 2005 Subject: Rezoning for Bellafont (RZN 05- 1833 ) RECOMMENDATION The Planning staff recommends approval of the proposed rezoning from R-O, Residential Office, and C-2, Thoroughfare Commercial, to C-3, Central Commercial, on approximately 25.29 acres with the acceptance of the Bill of Assurance offered by the applicant to address those criteria of the C-3 zoning district. BACKGROUND The subject property contains four parcels consisting of 25.29 acres. The property is owned by the Barber Group and is located north of Joyce Boulevard on either side of Vantage Drive, a recently constructed street. A majority of the property is zoned C-2 though a small portion of property to the southeast of the property and within a dedicated drainage easement is zoned R-O. Adjacent uses include multi-family development to the north and cast, as well as commercial development to the east and south, including the U.S. Post Office and Lindsey Office building, currently under construction. The applicant is requesting the property be rezoned from R-O, Residential Office and C- 2, Thoroughfare Commercial, to C-3, Central Commercial to facilitate development on the property at a height greater than that allowed within the C-2 zoning district. Although the applicant desires to modify the zoning district to relieve height restrictions on the property, a rezoning will also change the development regulations and other zoning requirements of the property. To reduce the potential impacts of this zoning change, the applicant has submitted a Bill of Assurance. DISCUSSION This item was heard at the regular Planning Commission on December 12, 2005 . The Planning Commission voted 8-0-0 to recommend approval of this rezoning request to the City Council . BUDGET IMPACT None. ORDINANCE NO. AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 05- 1833 FOR APPROXIMATELY 25 .29 ACRES LOCATED NORTH OF JOYCE BOULEVARD, WEST OF VENTURE ROAD, AND SOUTH OF BELLAFONT GARDENS FROM R-O, RESIDENTIAL OFFICE AND C-2, THOROUGHFARE COMMERCIAL TO C-3 , CENTRAL COMMERCIAL. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS : Section 1 : That the zone classification of the following described property is hereby changed as follows: From R-O, Residential Office, and C-2, Thoroughfare Commercial to C-3, Central Commercial, as shown on Exhibit "A" Attached hereto and made a part hereof. Section 2 : That the official zoning map of the City of Fayetteville, Arkansas is hereby amended to reflect the zoning change provided in Section 1 above. PASSED and APPROVED this day of 2006. APPROVED: By: DAN COODY, Mayor ATTEST: By: SONDRA SMITH, City Clerk EXHIBIT "A" RZN 05-1833 SURVEY DESCRIPTION OF TRACT A LOCATED IN A PART OF THE NW % OF THE NW % OF SECTION 25, TOWNSHIP 17 NORTH, RANGE 30 WEST IN FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, MORE PRECISELY DESCRIBED AS FOLLOWS: STARTING AT THE NW CORNER OF THE NW '/< OF THE NW ''A OF SECTION 25 FOR THE TRUE POINT OF BEGINNING; THENCE ALONG THE NORTH LINE OF THE NW '/< OF THE NW '/4, SOUTH 86 DEGREES 46 MINUTES 16 SECONDS EAST, 625.44 FEET; THENCE ALONG THE WESTERLY RIGHT-OF-WAY OF VANTAGE DRIVE THE FOLLOWING COURSES: SOUTH 02 DEGREES 39 MINUTES 17 SECONDS WEST, 254.70 FEET; THENCE SOUTH 02 DEGREES 48 MINUTES 06 SECONDS WEST, 401.08 FEET; THENCE LEAVING SAID RIGHT-OF-WAY, NORTH 87 DEGREES 04 MINUTES 02 SECONDS WEST, 623.85 FEET; THENCE ALONG THE WEST LINE OF THE NW % OF THE NW '/<, NORTH 02 DEGREES 36 MINUTES 28 SECONDS EAST, 659.02 FEET TO THE TRUE POINT OF BEGINNING CONTAINING 9.430 ACRES MORE OR LESS AND BEING SUBJECT TO THE RIGHTS -OF -WAY OF VANTAGE DRIVE, STEARNS STREET AND FORD DRIVE AND ANY EASEMENTS OF RECORD. SURVEY DESCRIPTION OF TRACT B LOCATED IN A PART OF THE NW '/ OF THE NW '/ AND IN A PART OF THE NE OF THE NW '/ OF SECTION 25, TOWNSHIP 17 NORTH, RANGE 30 WEST IN FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, MORE PRECISELY DESCRIBED AS FOLLOWS: STARTING AT THE NW CORNER OF THE NW '/4 OF THE NW '/ OF SECTION 25; THENCE SOUTH 86 DEGREES 46 MINUTES 16 SECONDS EAST, 695.44 FEET; TO THE TRUE POINT OF BEGINNING; THENCE ALONG THE NORTH LINE OF SECTION 25 THE FOLLOWING COURSES: SOUTH 86 DEGREES 44 MINUTES 04 SECONDS EAST, 619.52 FEET; THENCE SOUTH 87 DEGREES 28 MINUTES 13 SECONDS EAST, 100.82 FEET; THENCE LEAVING SAID NORTH LINE, SOUTH 02 DEGREES 16 MINUTES 46 SECONDS WEST, 652.58 FEET; THENCE NORTH 87 DEGREES 04 MINUTES 03 SECONDS WEST, 265.06 FEET; THENCE NORTH 87 DEGREES 03 MINUTES 51 SECONDS WEST, 460.57 FEET; THENCE ALONG THE EASTERLY RIGHT-OF-WAY OF VANTAGE DRIVE THE FOLLOWING COURSES: NORTH 02 DEGREES 48 MINUTES 16 SECONDS EAST, 401.31 FEET; THENCE NORTH 02 DEGREES 39 MINUTES II SECONDS EAST, 254.09 FEET TO THE TRUE POINT OF BEGINNING CONTAINING 10.842 ACRES MORE OR LESS AND BEING SUBJECT TO THE RIGHT-OF-WAY OF VANTAGE DRIVE AND ANY EASEMENTS OF RECORD. SURVEY DESCRIPTION OF TRACT C LOCATED IN A PART OF THE NW % OF THE NW % OF SECTION 25, TOWNSHIP 17 NORTH, RANGE 30 WEST IN FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, MORE PRECISELY DESCRIBED AS FOLLOWS: STARTING AT THE NW CORNER OF THE NW '/ OF THE NW % OF SECTION 25; THENCE SOUTH 02 DEGREES 36 MINUTES 28 SECONDS WEST, 659.02 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 87 DEGREES 04 MINUTES 02 SECONDS EAST, 623.85 FEET; THENCE ALONG THE WESTERLY RIGHT-OF- WAY OF VANTAGE DRIVE, SOUTH 02 DEGREES 45 MINUTES 28 SECONDS WEST, 197.95 FEET; THENCE NORTH 87 DEGREES 23 MINUTES 18 SECONDS WEST, 338.70 FEET; THENCE SOUTH 02 DEGREES 37 MINUTES 24 SECONDS WEST, 319.91 FEET; THENCE ALONG A NON -TANGENT CURVE TO THE RIGHT, WITH A RADIUS OF 1290.45 FEET, AN ARC LENGTH OF 4.09 FEET, AND A CHORD OF NORTH 65 DEGREES 14 MINUTES 31 SECONDS WEST, 4.09 FEET; THENCE ALONG A CURVE TO THE RIGHT WITH A RADIUS OF 1403.27 FEET, AN ARC LENGTH OF 321.11 FEET, AND A CHORD OF NORTH 58 DEGREES 35 MINUTES 46 SECONDS WEST, 320.41 FEET; THENCE ALONG THE WEST LINE OF THE NW % OF THE NW ''/<, NORTH 02 DEGREES 36 MINUTES 52 SECONDS EAST, 365.50 FEET TO THE TRUE POINT OF BEGINNING CONTAINING 4.487 ACRES MORE OR LESS AND BEING SUBJECT TO THE RIGHTS -OF -WAY OF VANTAGE DRIVE AND JOYCE BOULEVARD AND ANY EASEMENTS OF RECORD. LESS AND EXCEPT THE FOLLOWING: A PORTION OF TRACT "C" AS DESCRIBED ABOVE AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NW CORNER OF THE NW '/ OF THE NW '/4 OF SECTION 25; THENCE SOUTH 02 DEGREES 36 MINUTES 28 SECONDS WEST, 659.02 FEET, THENCE SOUTH 02 DEGREES 36 MINUTES 52 SECONDS WEST, 201.44 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 87 DEGREES 23 MINUTES 18 SECONDS EAST, 284.35 FEET; THENCE SOUTH 02 DEGREES 37 MINUTES 24 SECONDS WEST, 319.91 FEET; THENCE ALONG A NON -TANGENT CURVE TO THE RIGHT, WITH A RADIUS OF 1290.45 FEET, AN ARC LENGTH OF 4.09 FEET, AND A CHORD OF NORTH 65 DEGREES 14 MINUTES 31 SECONDS WEST, 4.09 FEET; THENCE ALONG A CURVE TO THE RIGHT WITH A RADIUS OF 1403.27 FEET, AN ARC LENGTH OF 321.11 FEET, AND A CHORD OF NORTH 58 DEGREES 35 MINUTES 46 SECONDS WEST, 320.41 FEET; THENCE ALONG THE WEST LINE OF THE NW '/< OF THE NW '/<, NORTH 02 DEGREES 36 MINUTES 52 SECONDS EAST, 164.05 FEET TO THE POINT OF BEGINNING CONTAINING 1.63 ACRES. SURVEY DESCRIPTION OF TRACT D LOCATED IN A PART OF THE NW % OF THE NW '/< AND IN A PART OF THE NE '/< OF THE NW % OF SECTION 25, TOWNSHIP 17 NORTH, RANGE 30 WEST IN FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, MORE PRECISELY DESCRIBED AS FOLLOWS: STARTING AT THE NW CORNER OF THE NW V4 OF THE NW Y< OF SECTION 25; THENCE SOUTH 02 DEGREES 36 MINUTES 28 SECONDS WEST, 659.02 FEET; THENCE SOUTH 87 DEGREES 04 MINUTES 08 SECONDS EAST, 693.83 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 87 DEGREES 03 MINUTES 51 SECONDS EAST, 460.57 FEET; THENCE SOUTH 51 DEGREES 17 MINUTES 37 SECONDS WEST, 615.05 FEET; THENCE ALONG THE EASTERLY RIGHT-OF-WAY OF VANTAGE DRIVE, NORTH 02 DEGREES 48 MINUTES 16 SECONDS EAST, 408.69 FEET TO THE TRUE POINT OF BEGINNING CONTAINING 2.161 ACRES MORE OR LESS AND BEING SUBJECT TO THE RIGHT-OF-WAY OF VANTAGE DRIVE AND ANY EASEMENTS OF RECORD. L� ENGINEERING, INC. November 2, 2005 City of Fayetteville Attn: Planning Commission 113 West Mountain St. Fayetteville, AR 72701 RE: BELLAFONT REZONING REQUEST Dear Commissioners: On behalf of our client, The Barber Group, we are submitting this rezoning request for approximately 26.92 acres located on the north side of Joyce Street east of the new Lindsey Properties Headquarters. The property is currently owned by CB Ventures, LLC. Brandon Barber is the President of the LLC. There are no pending property sales related to this property. The entire property is currently zoned C-2. We are requesting a zoning of C-3. The change to C-3 zoning does not create a significant change in the use of the property with the exception of not allowing some of the adult oriented, and service oriented uses. The C-3 zoning designation is actually a little more restrictive than our current C-2 zoning. The C-3 zoning has traditionally been associated with our downtown area, but is also designed to accommodate regional shopping centers which provide a wide range of retail and personal service uses. We are requesting the change in zoning to allow for less restrictive building heights. Under the current zoning, a maximum building height is 20 feet, with a provision for up to 75 feet, if the building setback is increased by l foot horizontally for every vertical foot over 20 feet. The planned development on this property is a mixed use, office, retail, restaurant, and residential development. The office component will be housed in buildings 8 to 10 stories. Theses buildings are located in the middle of the site and are not adjacent to any existing residential developments. The residential components of the development consist of two condominium towers which will not exceed 14 stories. The ability to add a vertical aspect to this project allows the developer to leave larger open spaces in the development and make the project economically feasible. The property, once developed, will be an upscale mixed use development, with office, retail, restaurant, and residential tenants. This development will generate significant traffic and measures are being incorporated to improve existing roads, through widening 2758 Millennium Drive Suite 1 Fayetteville, Arkansas 72703 Phone: 479.582.H2E1 Fax: 479.582.9254 and signalization to accommodate this traffic. The residential condominium towers associated with the proposed development are not expected to house families with school age children. Not only will this not burden the already congested school system, rather the tax dollars generated will be a net -net gain for the City School District. Water and sewer are available around the entire property. A ten inch sewer main is available along the southeast part of the property and eight inch lines are available on the north side. Eight inch water lines are available along the southwest and north sides of the property. Sincerely, Thomas A. Hennelly, P.E. President H2 Engineering yelo PC Meeting of December 12, 2005 125 W. Mountain St. THE CITY OF FAYETTEVILLE, ARKANSAS Fayetteville, AR 72701 Telephone: (479) 575-8267 PLANNING DIVISION CORRESPONDENCE TO: Fayetteville Planning Commission FROM: Suzanne Morgan, Current Planner THRU: Jeremy Pate, Director of Current Planning DATE: December 3, 2005 RZN 05-1833: (BELLAFONT, 174): Submitted by H2 ENGINEERING, INC. for property located at N OF JOYCE BLVD., W OF VENTURE RD AND S OF BELLEFONTE GARDENS. The property is zoned C-2, Thoroughfare Commercial, and R -O, Residential Office, and contains approximately 25.29 acres. The request is to rezone the subject property to C-3, Central Commercial. Property Owner: Barber Development Planner: SUZANNE MORGAN RECOMMENDATION: Staff recommends approval of the proposed rezoning from C-2 to C-3 with the acceptance of the Bill of Assurance offered by the applicant to address those criteria of the C-3 zoning •`' district which would potentially create a negative impact on subject and surrounding properties. PLANNING COMMISSION ACTION: Required YES• 0 Approved O Denied Date: December 12, 2005 CITY COUNCIL ACTION: Required YES O Approved O Denied Date: January 03, 2005 (first reading readingif recommended) recommended) BACKGROUND: Property description: The subject property contains four parcels consisting of 25.29 acres. The property is owned by the Barber Group and is located north of Joyce Boulevard on either side of Vantage Drive, a recently constructed street. A majority of the property is zoned C-2, Thoroughfare Commercial, though a small portion to the southeast of the property and within a dedicated drainage easement is zoned R -O, Residential Office. Adjacent uses include multi- family development to the north and east, as well as commercial development to the east and south, including the U.S. Post Office and Lindsey Office building, currently under construction. Request: The applicant is requesting the property be rezoned from C-2, Thoroughfare Commercial, to C-3, Central Commercial. The applicant desires the change in zoning to alleviate height restrictions from development on the property. The applicant has submitted a Bill of Assurance to address uses, density, height, greenspace, driveways and parking regulations of the C-3 zoning district to ensure development which will not be harmful to the public and surrounding properties. Discussion: Although the applicant desires to modify the zoning district to relieve height restrictions on the property, a rezoning will also change the development regulations and other zoning requirements of the property. These differences are enumerated below with specific restrictions listed in the Bill of Assurance being bold and italicized. / 161.17 District C-2, Thoroughfare Commercial 161.18 District C-3, Central Commercial (A) Purpose. The Central Commercial District is (A) Purpose. The Thoroughfare Commercial designed to accommodate the commercial and District is designed especially to encourage the related uses commonly found in the central functional grouping of these commercial business district, or regional shopping centers enterprises catering primarily to highway travelers, which provide a wide range of retail and personal service uses. (B) Uses. (B) Uses. (1) Permitted uses. . • (1) Permitted uses. Retail, Restaurant, office, residential Unit 1 City-wide uses by right Unit4 Cultural and recreational facilities Unit 12 Offices, studios and related services Unit 13 Eating laces Unit 14 Hotel, motel, and amusement facilities Unit 15 Neighborhood shopping oods Unit 16 Shopping oods Unit 17 Trades and services Unit 18 Gasoline service stations & drive-in restaurants Unit 19 Commercial recreation, small sites Unit 20 Commercial recreation, large sites Unit 25 Professional offices Unit 33 Adult live entertainment club or bar Unit 34 Liquor store (2) Conditional uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 21 Warehousing and wholesale Unit 28 Center for collecting recyclable materials Unit 32 Sexually oriented business Unit 35 Outdoor music establishments Unit 36 Wireless communications facilities (C) Density. None. (D) Bulk and area regulations. None. Unit 1 City-wide uses by right Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 12 Offices, studios, and related services Unit 13 Eating places Unit 14 Hotel, motel, and amusement facilities Unit 15 Neighborhood shopping oods Unit 16 Shopping oods Unit 18 Gasoline service stations & drive-in restaurants Unit 19 Commercial recreation, small sites Unit 25 Professional offices Unit 26 Multi -family dwellings Unit 34 Liquor stores (2) Conditional uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 17 Trades and services Unit 28 Center for collecting recyclable materials Unit 35 Outdoor music establishments Unit 36 Wireless communications facilities (C) Density. No more than 18 units per acre. (D) Bulk and area regulations. None (E) Setback regulations. Front 50 ft. Side None Side, when contiguous to a residential district 15 ft. Rear 20 ft. (F) Height regulations. In District C-2 any building which exceeds the height of 20 feet shall be set back from any boundary line of any residential district a distance of one foot for each foot of height in excess of 20 feet. No building shall exceed six stories or 75 feet in height. (E) Setback regulations. Central Business Shopping District Center Front 5 R 25 ft. Front, if parking is allowed between the right-of-way and the building 50 ft. 50 ft. Side None None Side, when contiguous to a residential district 10 R 25 ft. Rear, without easement or alley 15 ft 25 ft. Rear, from center line of a public alley 10 R 10 ft. (F) Height regulations. Any non-residential building on the Land slra!! not exceed twelve stories, and any residential building on the land shall not exceed sixteen stories. No structures on the property slra!! exceed sixteen stories in height. (G) Building area. On any lot, the area occupied by all buildings shall not exceed 60% of the total area of such lot. (G) Building area. NO RESTRICTION Development Requirements: (H) Minimum Canopy Preservation: 15% (H) Minimum Canopy Preservation: 15% (1) Site coverage. A maximum of 85% of the development site may be covered by the ground floor of any structure, parking lots, sidewalks, and private streets and drives or any other impermeable surface. Zoning districts C-3, C-4, and the Design Overlay District are exempt from this requirement. (J) Driveways. Shared drives and cross access between properties shall be encouraged to developed and undeveloped properties, except in C-3 and C-4 zones. (1) Site coverage. Twenty percent (20%) of the Land must be maintained as greenspace. (J) Driveways: The Petitioner encourages all properties adjacent to the Land to allow cross - access and shared access to public streets. Parking Standards (K) Change of use — waiver. In C-3 and C-4 zoning districts, parking requirements are waived for any existing structure with a change of use. New construction, razed buildings or enlarged buildings shall conform to the parking requirements of the City of Fayetteville. For enlarged buildings, additional parking spaces will be calculated by the amount of square footage that is added. (L) C-3 and C-4 Zoning Districts accessory outdoor use areas - Accessory outdoor patios, balconies, decks, and other similar outdoor use areas for restaurants and bars shall be exempt from meeting off-street parking requirements in the C-3 and C-4 zoning districts. All uses, current and future, on the Land shall have adequate parking as per the then -current City Code of the City of Fayetteville, Arkansas. Any otherwise relevant waiver of parking requirements due to the land being zoned C-3 shall not apply to future uses that may begin on the Land. Public Comment: Staff has received no written public comment concerning the requested rezoning. Recommendation: Staff recommends approval of the rezoning request to modify the zoning designation of the subject property from C-2 to C-3 with acceptance of the Bill of Assurance offered by the applicant. SURROUNDING LAND USE AND ZONING Direction Land Use Zoning North Lindsey Office Building C-2 South Vacant tracts, US Post Office, Offices C-2 & R -O East Multi -family Apartments RMF-24 West Multi -family Apartments RMF-24 INFRASTRUCTURE: Streets: The site has access to Vantage and Steams Road. Improvements that may be required shall be evaluated by staff as development occurs. Table 2 Nearby Master Street Plan Streets Direction from Site Street Name Master Street Plan Classification South Joyce Blvd Principal Arterial East Old Missouri Road Collector Street North Zion Road Collector Street West College Ave/Hwy 71 B Principal Arterial Through Site Vantage Dr. Collector Street Water: Public water is near to the site. Substantial improvements to the water system may be required which includes off -site improvements. An evaluation will be made by staff at the time of preliminary plat or large scale development. Sewer: Sanitary sewer is near to the site. Substantial improvements to the sewer system may be required which includes off -site improvements. An evaluation will be made by staff at the time of preliminary plat or large scale development. A study of the downstream system shall be conducted by the developer. Drainage: Runoff from most of the site flows overland to the south. Standard improvements and requirements for drainage will be required for the development. Fire: The subject property is located approximately 1.6 miles from Fire Station No. 4 with an anticipated response time of 4.5 minutes. The Fire Department does not estimate future number of emergency calls on commercial property, as they typically do not adversely affect its call volume. Police: Properties in this area of the city already receive police services. The same level of service will be provided to this site as is currently applied to the existing surrounding development. It is the opinion of the Fayetteville Police Department that this rezoning will not substantially alter the population density and thereby undesirably increase the load on police services or create appreciable increase in traffic danger and congestion in the area. LAND USE PLAN: General Plan 2020 designates the site as Regional Commercial where the property is currently zoned C-2 and Office where a portion of the property is zoned R -O. FINDINGS OF THE STAFF A determination of the degree to which the proposed zoning is consistent with land use planning objectives, principles, and policies and with land use and zoning plans. Finding: The proposed C-3 zoning is very similar to the existing C-2 zoning district in uses allowed and bulk and area regulations. However, there are several distinct differences which are evident based on the purpose of each zoning district. The purpose of the C-2 zoning district is to encourage the functional grouping of commercial enterprises catering primarily to highway travelers. The C-3 zoning district is designed to accommodate the commercial and related uses commonly found in the central business district, or regional shopping centers which provide a wide range of retail and personal service uses. The subject property is located near several major highways, though it is also adjacent to a regional shopping area, mainly the Northwest Arkansas Mall and surrounding developments. The properties on which these established regional shopping centers are established are zoned C-2. Within the City of Fayetteville, the C-3 zoning district is currently found only within a quarter -mile of Dickson Street or the Square. However, as clearly apparent by the description of the C-3 zoning district, it is anticipated that areas outside the Central Business District qualify to be rezoned C-3. Primary differences between the two zoning districts are as follows: a. Uses: Multi -family, with no density restrictions, are allowed within the C- 3 zoning district; more intense commercial uses such as warehousing are not permitted and trades and services are only permitted by conditional use. Additionally, sexually oriented businesses are not permitted within the C-3 zoning district. b. Setbacks: C-3 zoning districts have two setback regulations, one for a Central Business District and one for Shopping Areas. It is the less restricted setbacks of the Central Business District which are applied to those properties in the downtown area. The setback restrictions for those C-3 properties in "Shopping Areas" are most like those setbacks in the C- 2 zoning district and would be most appropriate in this regional shopping area. c. Height: The C-3 zoning district has no height restrictions. d. Building Area: The C-3 zoning district is neither restricted in the amount of property is occupied by structures nor the amount of impervious surface on the property. e. Cross -access: Though cross -access is not encouraged in C-3 zoning districts, staff fords that to not provide alternate means of interior access would potentially create a dangerous traffic situation. f. Parking: Parking requirements in the C-3 zoning district are much more lenient than within the C-2 zoning district. Though there are several differences between the zoning districts, the change of use to allow multi -family dwellings will not adversely affect surrounding properties, which are currently zoned for either commercial or residential use. The City Council recently approved a Residential Planned Zoning District north of the subject property to allow a mixed -use development in a "downtown" development pattern (Vantage Center R-PZD). Unlike approval of a Planned Zoning District, a rezoning of this property to C-3 does not ensure any development standards other than what is required by ordinance. However, the applicant has submitted a Bill of Assurance to place additional restrictions on the density, height, greenspace, driveways and parking areas than required by ordinance. 2. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Finding: To allow the development of residential use on the property in conjunction with office and commercial uses, it was necessary for the applicant to request a rezoning of the property. This could have been done by submitting a conceptual Master Development Plan Planned Zoning District, a detailed Master Development Plan Planned Zoning District, or a rezoning request to a zoning district which would permit the applicant's desired development. In this case, the applicant has found the C-2 zoning district too restrictive in height requirements. Thus, the rezoning is not the result of anything other than the applicant's proposed use and desired development. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: The police department has determined the proposed density will not substantially alter the population density to create an undesirable affect on services. 4. A determination as to whether the proposed zoning would alter the population density and thereby undesirably increase the load on public services including schools, water, and sewer facilities. Finding: Rezoning the property to C-3 would allow for the development of multi- family dwellings with an unlimited density, whereas the C-2 zoning district limits multi -family density to 24 units per acre. Therefore, rezoning the property to C-3 with no density restrictions will increase the population density to an unknown and unrestricted number. The findings of the Engineering Division, Fire Department and Police Department are listed within the body of this staff report. If there are reasons why the proposed zoning should not be approved in view of considerations under b (1) through (4) above, a determination as to whether the proposed zoning is justified and/or necessitated by peculiar circumstances such as: a. It would be impractical to use the land for any of the uses permitted under its existing zoning classifications; b. There are extenuating circumstances which justify the rezoning even though there are reasons under b (l) through (4) above why the proposed zoning is not desirable. Finding: N/A FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS December 2, 2005 Jeremy Pate Zoning and Development Director City of Fayetteville 113 W. Mountain Fayetteville, Arkansas 72701 Dear Director Pate, POLICE DEPARTMENT This document is in response to the request for a determination of whether the proposed Rezoning RZN 04-1833 (Bellafont, 174) submitted by H2 Engineering, Inc. for Property located N of Joyce Blvd., W of Venture Rd and S. of Bellefonte Gardens would substantially alter the population density and thereby undesirably increase the load on public services or create an appreciable increase in traffic danger and traffic congestion. It is the opinion of the Fayetteville Police Department that this rezoning will not substantially alter the population density and thereby undesirably increase the load on police services or create and appreciable increase in traffic danger and congestion in the area. Sincerely, ��� Captain Willi rf o�Gn Fayetteville Police Department FAYETTEVILLE POLICE DEPARTMENT (DELIVERIES) POLICE: 100-A WEST WROCK STREET 72701 100-t GUr ROB 9VRJb FAYETTEVILLE, ARKANSAS 4 '-g Cl PHONE: 4745873555 FAX: 479-587-3522 cH2� ENGINEERING, INC. November 2, 2005 City of Fayetteville Attn: Planning Staff 113 West Mountain St. Fayetteville, AR 72701 RE: BELLAFONT REZONING REQUEST Dear Staff: On behalf of our client, The Barber Group, we are submitting this rezoning request for approximately 26.92 acres located on the north side of Joyce Street east of the new Lindsey Properties Headquarters. The property is currently owned by CB Ventures, LLC. Brandon Barber is the President of the LLC. There are no pending property sales related to this property. The entire property is currently zoned C-2. We are requesting a zoning of C-3. We are requesting the change in zoning to allow for less restrictive building heights. Under the current zoning, a maximum building height is 20 feet, with a provision for up to 75 feet, if the building setback is increased by I foot horizontally for every vertical foot over 20 feet. The planned development on this property is a mixed use including office, retail, restaurant, and residential development. The office component will be housed in buildings 8 to 10 stories. Theses buildings are located in the middle of the site and are not adjacent to any existing residential developments. The residential components of the development consist of two condominium towers which will not exceed 14 stories. The ability to add a vertical aspect to this project allows the developer to leave larger open spaces in the development and make the project economically feasible. The property, once developed, will be an upscale mixed use development, with office, retail, restaurant, and residential tenants. This development will generate significant traffic and measures are being incorporated to improve existing roads, through widening and signalization to accommodate this traffic. The appearance of the development will incorporate pedestrian friendly shopping areas, with water features and extensive landscaping. Signage will primarily be located at the entrance along Joyce Street and at the intersection of Joyce Street and Vantage Avenue. Water and sewer are available around the entire property. A ten inch sewer main is available along the southeast part of the property and eight inch lines are available on the 2758 Millennium Drive Suite I Fayetteville, Arkansas 72703 Phone: 479.582.H2EI Fax: 479.582.9254 north side. Eight inch water lines are available along the southwest and north sides of the property. Sincerely, 1Jiertfas A. Hen President H2 Engineering , P.E. .9. Nov -22-2005 06:45pm From -H2 Engineering +4795829254 T-333 P.002/005 F-803 SS1&e'GVYV Awn LG]VL !AA tin 1 CGVG L,AL7 ILL ray. MAMAU WLUS fa VVL/VVO .I kt r.Ivz.r.lti•i ; VtJl\ 111, LOCATED IN A PART OF THE NW'W OF THE NW % OF SECTION 25, TOWNSHIP 17 NORTH, RANGE 30 WEST IN PAYET TEVILLE, WASHINGTON COUNTY, ARKANSAS,. MORE PRECISELY DESCRIBED AS FOLLOWS: STARTING AT THE NW CORNER OF THE NW '.4 OF THE NW ',4 OF SECTION 25 FOR THE TRUE POINT OF BEGINNING; THENCE ALONG THE NORTH LINE OF THE NW ',4 OF THE NW %, SOUTH 86 DEGREES 46 MINUTES 16 SECONDS EAST, 625.44 FBSI , THENCE ALONG THE WESTERLY RIGHT -OP -WAY OF VANTAGE DRIVE THE FOLLOWING COURSES: SOUTH 02 DEGREES 39 MINUTES 17 SECONDS WEST, 254.70 FEET; THENCE SOUTH 02 DEGREES 48 MINUTES 06 SECONDS WEST, 401.08 FEET; THENCE LEAVING SAID RIGHT-OF-WAY, NORTH 87 DEGREES 04 MINUTES 02 SECONDS WEST, 623.85 FEET; THENCE ALONG THE WEST LINE OF THE NW W OF THE NW' 'A, NORTH 02 DEGREES 36 MINUTES 28 SECONDS EAST, 659.02 FEET TO THE TRUE POINT OF BEGINNING CONTAINING 9.430 ACRES MORE OR LESS AND BEING SUBJECT TO THE RIGHTS -OF -WAY OF VANTAGE DRIVE, STEARNS STREET AND FORD DRIVE AND ANY EASEMENTS OF RECORD. 1.- &A%ry1i#4l qS RNms — 1833 Qtj Closes EXHIBIT "A" PROPERTY REZ0NF:u qS Y TR APPI.ICAN' ICen _ Sig xturc t Nov -22-2005 06:45pm From —H2 Engineering +4795829254 T-333 P.003/005 F-803 LL/LL/6VVO '1U6 LO;V1 ma %'V i OSVL UICy of !U7. n"Aa OCLL6 ia VVO/VVO SURVEY DESCRIPTION OF TRACT B LOCATED IN A PART OF THE NW ''A OF THE NW V, AND IN A PART OF THE NE 3.OF THE NW 1A OF SECTION 25, TOWNSHIP 17 NORTH, RANGE 30 WEST IN FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, MORE PRECISELY DESCRIBED AS FOLLOWS: STARTING AT THE NW CORNER OF THE NW % OF THE NW 'A OF SECTION 25; THENCE SOUTH 86 DEGREES 46 MINUTES 16 SECONDS EAST, 695.44 FEET; TO THE TRUE POINT OF BEGINNING; THENCE ALONG THE NORTH LINE OF SECTION 25 THE FOLLOWING COURSES: SOUTH 86 DEGREES 44 MINUTES 04 SECONDS EAST, 619.52 FEET; THENCE SOUTH 87 DEGREES 28 MINUTES 13 SECONDS EAST,100.82 FEET; THENCE LEAVING SAID NORTH LINE, SOUTH 02 DEGREES 16 MINUTES 46 SECONDS WEST, 652.58 FEET; THENCE NORTH 87 DEGREES 04 MINUTES 03 SECONDS WEST, 265.06 FEET; THENCE NORTH 87 DEGREES 03 MINUTES 51 SECONDS WEST, 460.57 FEET; THENCE ALONG THE EASTERLY RIOHT-OF-WAY OF VANTAGE DRIVE THE FOLLOWING COURSES: NORTH 02 DEGREES 48 MINUTES 16 SECONDS EAST, 401.31 FEET; THENCE NORTH 02 DEGREES 39 MINUTES 11 SECONDS EAST, 254.09 FEET TO THE TRUE POINT OF BEGINNING CONTAINING 10.842 ACRES MORE OR LESS AND BEING SUBJECT TO THE RIGHT-OF-WAY OF VANTAGE DRIVE AND ANY EASEMENTS OF RECORD. F(rzel EXH l 8 i'(:'A: PROPERTY r E REZONED AS S_�F APPLICANT Nov -22-2005 06:45pm From -H2 Ensinexring +4795829254 T-333 P.004/005 F-803 ss/zz/svua Sun sC;us rsA %IV a azvs t.1W us rew. nux=CCCSU5 wuv.,uva 1 1• . .: . , SURVEY DESCRIPTION OF TRACT C LOCATED IN A PART OF TUE NW '/. OF THE NW '.4 OF SECTION 25, TOWNSHIP 17 NORTH, RANGE 30 WEST IN FAYET EVILLE, WASHINGTON COUNTY, ARKANSAS, MORE PRECISELY DESCRIBED AS FOLLOWS: STARTING AT THE NW CORNER OF THE NW 54 OF THE NW 'A OF SECTION 25; THENCE SOUTH 02 DEGREES 36 MINUTES 28 SECONDS WEST, 659.02 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 87 DEGREES 04 MINUTES 02 SECONDS EAST, 623.85 FEET; THENCE ALONG THE WESTERLY RIGHT -OP - WAY OF VANTAGE DRIVE, SOUTH 02 DEGREES 45 MINUTES 28 SECONDS WEST, 197.95 FEET; THENCE NORTH 87 DEGREES 23 MINUTES 18 SECONDS WEST, 338.70 FEET; THENCE SOUTH 02 DEGREES 37 MINUTES 24 SECONDS WEST, 319-91 FEET; THENCE ALONG A NON -TANGENT CURVE TO THE RIGHT, WITH A RADIUS OF 1290.45 FEET, AN ARC LENGTH OF 4.09 FEET, AND A CHORD OF NORTH 65 DEGREES 14 MINUTES 31 SECONDS WEST, 4.09 FEET ; THENCE ALONG A CURVE TO THE RIGHT WITH A RADIUS OF 1403.27 FEET, AN ARC LENGTH OF 321.11 FEET, AND A CHORD OF NORTH 58 DEGREES 35 MINUTES 46 SECONDS WEST, 320.41 FEET; THENCE ALONG THE WEST LINE OF THE NW ''A OF THE NW W. NORTH 02 DEGREES 36 MINUTES 52 SECONDS FAST, 365.50 FEET TO THE TRUE POINT OF BEGINNING CONTAINING 4.487 ACRES MORE OR LESS AND BEING SUBJECT TO THE RIGHTS -OF -WAY OF VANTAGE DRIVE AND JOYCE BOULEVARD AND ANY EASEMENTS OF RECORD. LESS AND EXCEPT THE FOLLOWING: A PORTION OF TRACT "C" AS DESCRIBED ABOVE AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NW CORNER OF THE NW 36 OF THE NW 54 OF SECTION 25; THENCE SOUTH 02 DEGREES 36 MINUTES 28 SECONDS WEST, 659.02 FEET, THENCE SOUTH 02 DEGREES 36 MINUTES 52 SECONDS WEST, 201.44 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 87 DEGREES 23 M24VMS 18 SECONDS EAST, 284.35 FEET; THENCE SOUTH 02 DEGREES 37 MINUTES 24 SECONDS WEST, 319.91 FEET; THENCE ALONG A NON -TANGENT CURVE TO THE RIGHT, WITH A RADIUS OF 1290.45 FEET, AN ARC LENGTH OF 4.09 FEET, AND A CHORD OF NORTH 65 DEGREES 14 MINUTES 31 SECONDS WEST, 4.09 FEET; THENCE ALONG A CURVE TO THE RIGHT WITH A RADIUS, OF 1403.27 FEET, AN ARC LENGTH OF 321.11 FEET, AND A CHORD OF NORTH 58 DEGREES 35 MINUTES 46 SECONDS WEST, 320.41 FEET; TRENCH ALONG THE WEST LINE OF THE NW 'A OF THE NW's, NORTH 02 DEGREES 36 MINUTES 52 SECONDS BAST, 164.05 FEET TO THE POINT OF BEGINNING CONTAINING 1.63 ACRES. EXHIBIT "A" PROPERTY TO 8c REZONED AS SUlI !3Y APPLICANT aQs natuls (vos 1633 t�ifce f CILX S )L /o /6ns� Nov -22-2005 06:45pm From -H2 Enaine••ina +4795829254 T-333 P-005/005 F-803 LL/ax/YuuD 'LLD l4:UL FAL •7U 1 nut y1Ly or ray. lmglfgllyLIIg IgiuUO/UUO SURVEY DESCRIPTION OF TRACT D LOCATED IN A PART OF THE NW !4 OF THE NW 34 AND IN A PART OF THE NE 34 OF THE NW 54 OF SECTION 25, TOWNSHIP 17 NORTH, RANGE 30 WEST IN FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, MORE PRECISELY DESCRIBED AS FOLLOWS: STARTING AT THE NW CORNER OF THE NW !4 OF THE NW % OF SECTION 25; THENCE SOUTH 02 DEGREES 36 MINUTES 28 SECONDS WEST, 659.02 FEET; THENCE SOUTH 87 DEGREES 04 MINUTES 08 SECONDS EAST, 693.83 FEET TO THE TRUE POINT OF BEGINNING, THENCE SOUTH 87 DEGREES 03 MINUTES 51 SECONDS EAST, 460.57 FEET; THENCE SOUTH 51 DEGREES 17 MINUTES 37 SECONDS WEST, 615.05 FEET; THENCE ALONG THE EASTERLY RIGHT-OF-WAY OF VANTAGE DRIVE, NORTH 02 DEGREES 48 MINUTES 16 SECONDS EAST, 408.69 FEET TO THE TRUE POINT OF BEGINNING CONTAINING 2.161 ACRES MORE OR LESS AND BEING SUBJECT TO THE RIGHT-OF-WAY OF VANTAGE DRIVE AND ANY EASEMENTS OF RECORD. E RZN05-1833 Close Up View A2• ❑ C.I A BELLAFONT $1 , r 2 13 ®t�te� Tt::± a :;St IEIEIJIN 'V� f ICI �i Li. 19rn a� a 1 1 Ih l ❑ a 6 t'-'i IM i Il Legend �000o Overlay Dselct — FLOODWAY -- 500 YEAR m oc —taorFAR----uuiroFsnor — - Baseline Rofile O Fayetteville Outside dry RZNOS-1833 vectocGOB.Footpdnt_2004 0 150 300 600 900 1,200 Feet (Clarice Pearman - Ords. 4818, 4820, 4821, 4822 & 4823 Page 1 From: Clarice Pearman To: Pate, Jeremy Date: 1/23/06 3:49PM Subject: Ords. 4818, 4820, 4821, 4822 & 4823 Jeremy, Attached are the above ordinance passed by City Council, January 17, 2006. CC: Bell, Peggy; Deaton, Vicki; GIS AFFIDAVIT OF PUBLICATION I, Erin Emis, do solemnly swear that I am the Legal Clerk of the Arkansas Democrat-Gazette/Northwest Arkansas Times newspaper, printed and published in Lowell, Arkansas, and that from my own personal knowledge and reference to the files of said publication, that advertisement of: °Cff was inserted in the regular editions on P # / "" Publication Charge: $ Subscribed and sworn to before me day- o , 2006. Notary Public Sharlene D. Williams Notary Public My Commission Expires: State of Arkansas My rlemission Expires October 18, 2014 *" Please do not pay from Affidavit. An invoice will be sent. RECEIVED JAN30 0 2006 CITY OF FAYETTEVILLE CITY CLERK'S OFFICE 212 NORTH EAST AVENUE • P.O. BOX 1607 • FAYEITEVILLE, ARKANSAS 72702 • (501) 442-1700 ORDINANCE NO. 4829 ORDINANCE REZONING THAI PROPERTYTayeVSCRIBED XIMATELY 2 . 9TIACR S 'LO ATEDR APPROXIMATELY 2529 ACRES OUTH OFRTH OF JOYCE BOULEVARD AND SOUTH OFJ.EFONTE GARDENS FROM R -O, RESIDENTIAL 9CE AND C-2, THOROUGHFARE COMMERCIAL C-3, CENTRAL COMMERCIAL. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS. Section 1: That the zone classification of the following described property is hereby changed as id - lows; From R -O. Residential Office, and C-2. Thoroughfare Commercal to C-3, Central Commercial, as shown , Exhibit'AAttached hereto and made a part hereof. Section 2: That the.official zoning map of the City of Fayetteville, Arkansas is hereby emended to reflect the zoning change provided in Section 1 above. PASSED and APPROVED this 17th day of January, 2006. EXHIBIT A* RZN 05-1833 SURVEY DESCRIPTION OF TRACT A LOCATED IN A PART OF THE NW 114 OF THE NW 1/4 OF SECTION 25. TOWNSHIP 17 NORTH, RANGE 30 WEST IN FAYETTEVILLE, WASHINGTON COUNTY. ARKANSAS, MORE PRECISELY DESCRIBED AS FOLLOWS: STARTING AT THE NW CORNER OF THE NW 1/4 OF THE NW 1/4 OF SECTION 25 FOR THE TRUE POINT OF BEGINNING: THENCE ALONG THE NORTH LINE OF THE NW 1/4 OF THE NW 1/4, SOUTH 86 DEGREES 46 MINUTES 16 SECONDS EAST, 625.44 FEET; THENCE ALONG THE WESTERLY RIGHT -0F -WAY OF VANTAGE DRIVE THE FOLLOWING COURS- ES: SOUTH 02 DEGREES 39 MINUTES 17 SECONDS WEST, 254.70 FEET; THENCE SOUTH 02 DEGREES 48 MINUTES 06 SECONDS WEST, 401,08 FEET; THENCE LEAVING SAID RIGHT-OF-WAY, NORTH 87 DEGREES 04 MINUTES 02 SECONDS WEST, 623.65 FEET; THENCE ALONG THE WEST LINE OF THE NW 1/4 OF THE NW 1/4, NORTH 02 DEGREES 36 MINUTES 28 SECONDS EAST, 659.02 FEET TO THE TRUE POINT OF BEGINNING CONTAINING 9.430 ACRES MORE OR LESS AND BEING SUBJECT TO THE RIGHTS -OF -WAY OF VANTAGE DRIVE. STEARNS STREET AND FORD DRIVE AND ANY EASEMENTS OF RECORD. SURVEY DESCRIPTION OF TRACT B LOCATED IN A PART OF THE NW 1/4 OF THE NW 1/4 AND IN A PART OF THE NE 1/4 OF THE NW 1/4 OF SECTION 25, TOWNSHIP 17 NORTH, RANGE 30 WEST IN FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS. MORE PRECISELY DESCRIBED AS FOLLOWS: STARTING AT THE NW COR- NER OF THE NW 1/4 OF THE NW 1/4 OF SECTION 25; THENCE SOUTH 86 DEGREES 46 MINUTES 16 SECONDS EAST, 69544 FEET; TO THE TRUE POINT OF BEGINNING; THENCE ALONG THE NORTH LINE OF SECTION 25 THE FOLLOWING COURSES: SOUTH 86 DEGREES 44 MINUTES 04 11 SECONDS EAST, 619.52 FEET; THENCE SOUTH 87 DEGREES 28 MINUTES 13 SECONDS EAST, 100.82 FEET THENCE LEAVING SAID NORTH LINE. SOUTH 02 DEGREES 16 MINUTES 46 SEC- ONDS WEST, 652.58 FEET; THENCE NORTH 87 DEGREES 04 MINUTES 03 SECONDS WEST. 265.06 FEET; THENCE NORTH 87 DEGREES 03 MINUTES 51 SECONDS WEST. 460.57 FEET; THENCE ALONG THE EASTERLY RIGHT-OF-WAY OF VANTAGE DRIVE THE FOLLOWING COURS- ES: NORTH 02 DEGREES 48 MINUTES 16 SECONDS EAST. 401.31 FEET; THENCE NORTH 02 DEGREES 39 MINUTES 11 SECONDS EAST, 254.09 FEET TO THE TRUE POINT OF BEGINNING CONTAINING 10.842 ACRES MORE OR LESS AND BEING SUBJECT TO THE RIGHT-OF-WAY OF VANTAGE DRIVE AND ANY EASEMENTS OF RECORD. SURVEY DESCRIPTION OF TRACT C LOCATED IN A PART OF THE NW 1/4 OF THE NW 1/4 OF SECTION 25, TOWNSHIP 17 NORTH. RANGE 30 WEST IN FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, MORE PRECISELY DESCRIBED AS FOLLOWS: STARTING AT THE NW CORNER OF THE NW 1/4 OF THE NW 1/4 OF SECTION 25; THENCE SOUTH 02 DEGREES 38 MINUTES 2B SECONDS WEST, 659,02 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 87 DEGREES 04 MINUTES 02 SECONDS EAST, 623.8.5 FEET; THENCE ALONG THE WESTERLY RIGHT-OF-WAY OF VANTAGE DRIVE. SOUTH 02 DEGREES 45 MINUTES 28 SECONDS WEST, 197,95 FEET; THENCE NORTH 87 DEGREES 23 MINUTES 18 SECONDS WEST, 338.70 FEET; THENCE SOUTH 02 DEGREES 37 MINUTES 24 SEC- ONDS WEST, 319.91 FEET; THENCE ALONG A NON -TANGENT CURVE TO THE RIGHT, WITH A RADIUS OF 1290,45 FEET. AN ARC LENGTH OF 4,09 FEET. AND A CHORD OF NORTH 65 DEGREES 14 MINUTES 31 SECONDS WEST, 4,09 FEET; THENCE ALONG A CURVE TO THE RIGHT WITH A RADIUS OF 1403,27 FEET AN ARC 1 FNGTH OF 191 11 FFFT Aun a runon nc klnmu IHE NW 1/4 OF THE NW 1/4, NORTH 02 DEGREES 36 MINUTES 52 SECONDS EAST, 365.50 FEET TO THE TRUE POINT OF BEGINNING CONTAINING 4,487 ACRES MORE OR LESS AND BEING SUBJECT TO THE RIGHTS -OF -WAY OF VANTAGE DRIVE AND JOYCE BOULEVARD AND ANY EASEMENTS OF RECORD, LESS AND EXCEPT THE FOLLOWING: A PORTION OF TRACT'C' AS DESCRIBED ABOVE AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NW CORNER OF THE NW 1/4 OF THE NW 1/4 OF SECTION 25; THENCE SOUTH 02 DEGREES 36 MINUTES 28 SECONDS WEST, 65902 FEET, THENCE SOUTH 02 DEGREES 36 MINUTES 52 SECONDS WEST, 201.44 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 87 DEGREES 23 MINUTES 18 SEC- ONDS EAST, 284.35 FEET, THENCE SOUTH 02 DEGREES 37 MINUTES 24 SECONDS WEST, 319.91 FEET; THENCE ALONG A NON -TANGENT CURVE TO THE RIGHT. WITH A RADIUS OF 1290.45 FEET, AN ARC LENGTH OF 4.09 FEET, AND A CHORD OF NORTH 65 DEGREES 14 MIN- UTES 31 SECONDS WEST, 409 FEET; THENCE ALONG A CURVE TO THE RIGHT WITH A RADIUS OF 1403.27 FEET, AN ARC LENGTH OF 321.11 FEET. AND A CHORD OF NORTH 58 DEGREES 35 MINUTES 46 SECONDS WEST, 320.41 FEET; THENCE ALONG THE WEST LINE OF THE NW 1/4 OF THE RW 1/4, NORTH 02 DEGREES 36 MINUTES 52 SECONDS EAST, 164.05 FEET TO THE POINT OF BEGINNING CONTAINING 1.63 ACRES, SURVEY DESCRIPTION OF TRACT D LOCATED IN A PART OF THE NW 1/4 OF THE NW 1/4 AND IN A PART OF THE NE 114 OF THE NW 1/4 OF SECTION 25, TOWNSHIP 17 NORTH, RANGE 30 WEST IN FAYETTEVILLE, WASHINGTON COUNTY. ARKANSAS. MORE PRECISELY DESCRIBED AS FOLLOWS: STARTING AT THE NW COR- NER OF THE NW 1/4 OF THE NW 1/4 OF SECTION 25; THENCE SOUTH 02 DEGREES 36 MINUTES 28 SECONDS WEST, 659.02 FEET THENCE SOUTH 87 DEGREES 04 MINUTES 08 SECONDS EAST, 693.83 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 87 DEGREES 03 MINUTES 51 SECONDS EAST. 460,57 FEET; THENCE SOUTH 51 DEGREES 17 MINUTES 37 SECONDS WEST, 615.05 FEET; THENCE ALONG THE EASTERLY RIGHT-OF-WAY OF VANTAGE DRIVE, NORTH 02 DEGREES 48 MINUTES 16 SECONDS EAST, 408.69 FEET TO THE TRUE. POINT OF BEGINNING CONTAINING 2181 ACRES MORE OR LESS AND BEING SUBJECT TO THE RIGHT-OF-WAY OF VANTACt DRIVE AND ANY EASEMENTS'OF RECORD.